My name is the primary name on the vehicle that my ex-wife drives. She will not refinance and thus allow my name to be removed from the vehicle. She has been late on payments and that is negatively affecting my credit score. What recourse do I have?
First let me preface my answer by stating that I do not actively practice law in the state of Texas, however Cordell & Cordell does have attorneys in Texas who would be happy to discuss your case with you.
Unfortunately, you have run into a common issue that affects many people in divorce. Your ex-spouse is suppose to pay a debt that you are liable for, then she fails to do and your credit gets ruined. Your recourse will depend on what your agreement/order indicates what each party is suppose to do and what they are responsible for.
Usually, I will file a motion with the court asking the court to require the ex-spouse to bring the debt current and immediately refinance the debt. You should speak to an attorney in your jurisdiction to find out what all your options are.
Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.